Is It the Labor Commissioner or the DLSE?

California’s Labor Code, in Division 1, Chapter 4, provides for the Division of Labor Standards Enforcement (DLSE). Labor Code Section 79 established the DLSE in the Department of Industrial Relations. The DLSE is under the direction of an executive officer known as the Chief, Division of Labor Standards Enforcement, who is appointed by the Governor, subject to confirmation of the Senate. The Chief holds office at the pleasure of the Director of Industrial Relations.

Labor Code Section 80 provides that the DLSE headquarters is located in San Francisco. Section 81 requires the employees of DLSE to devote their full time to the work of the DLSE receive their actual necessary traveling expenses. Pursuant to Section 82, the DLSE took over for the Division of Labor Law Enforcement, which was abolished.

In addition, subdivision (b) provides that the powers and duties of the Labor Commissioner, who is Chief of the Division of Labor Law Enforcement, are transferred to the Labor Commissioner who is the Chief of the DLSE. Section 83 provides that the DLSE took over the Division of Industrial Welfare, which was abolished. Subdivision (b) provides that the powers and duties of the Chief, Division of Industrial Welfare are transferred to the Chief of the DLSE.

Finally, Labor Code Section 21 defines the “Labor Commissioner” to mean the Chief of the Division of Labor Standards Enforcement. As a result, the Labor Commissioner and the Chief of the DLSE are the same person. Hence, most practitioners use the terms Labor Commissioner’s Office and DLSE interchangeably.